How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people are unsure of the process of filing a lawsuit.

In this blog post, we'll examine five key litigation milestones every personal injury case must be able to pass through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident that you must bring a lawsuit. If you do not file your claim within this window, it will almost always be dismissed.

Once a case is filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

At this point, an experienced lawyer will submit a settlement demand. But, your lawyer is not able to make a demand until after you are at the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government agency or a doctor working for the government, you could be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer will be able to explain these in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you have been injured. There are a few exceptions to the rule which can effectively stop it in certain instances. The discovery rule, for example allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitations could be reduced or torpedoed. For instance, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

The person who wins an injury lawsuit is entitled to compensation. They could include compensation for medical costs, lost wages and the costs associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have exercised in the same circumstance which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or requires you to take vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages awards than small or short-lasting injuries.

Mediation

Although it isn't an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. After that, you will exchange counteroffers and offers in order to reach a settlement.

Neither the negligent party nor the injured victim wants to go to court Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is necessary. This will depend on your personal circumstances, your evidence and injury lawyer the settlement offer made by the defendant's insurer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge, or a jury during the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages are you entitled to.